Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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FRIDAY, 23 NOVEMBER 2012
Acceptance of seniority claims: mistakes and clean-ups
After reading last week's Class 46 post on mistakenly accepted seniority claims for Community trade marks (here), Jan Zecher (Fish & Richardson, Munich) emailed us as follows:
Posted by: Blog Administrator @ 12.13
"Are you aware that the Community trade mark application currently does an ex officio
cleanup of mistakenly accepted seniority claim as one of the projects funded by the Cooperation fund? See here
(public record) and OHIM web page Seniority Data Project Moves Forward
Do you believe the acceptance of the seniority claim is in any way binding? If so, on whom – the Community trade mark office only, or also the courts? Rule 8 (3) CTMIR mentions an information sent to the respective national office only.
Wouldn’t you agree that the facts
- that no proceeding is available to question the mistaken acceptance of a seniority claim; and
- that the office does an ex officio cleanup without involving the registrants
support the assumption that the acceptance is not binding?
This blogger finds Jan's point persuasive but thinks it worth opening the subject up to the readership of this weblog for further consideration and analysis. Do let us know what you think, whether by posting a comment below or by joining a discussion on the MARQUES LinkedIn pages
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